Declaring Expired Speeding TIcked
Discussion
I got a speeding ticket about 4 years ago and am now in the twilight zone where DVLA has removed the record from my licence file, but I am still within the 5 years that insurance brokers want you to fess up.
How do I fess up when DVLA has removed all record of the conviction?
This does seem to highlight a very unfair process though as legally, I am clean but the brokers still want dirt so they can nail me for a few more quid.
How do I fess up when DVLA has removed all record of the conviction?
This does seem to highlight a very unfair process though as legally, I am clean but the brokers still want dirt so they can nail me for a few more quid.
Some Guy said:
I got a speeding ticket about 4 years ago and am now in the twilight zone where DVLA has removed the record from my licence file, but I am still within the 5 years that insurance brokers want you to fess up.
How do I fess up when DVLA has removed all record of the conviction?
This does seem to highlight a very unfair process though as legally, I am clean but the brokers still want dirt so they can nail me for a few more quid.
I take it you've informed insurance companies in previous years?How do I fess up when DVLA has removed all record of the conviction?
This does seem to highlight a very unfair process though as legally, I am clean but the brokers still want dirt so they can nail me for a few more quid.
They share information so they'll know it's less than 5 years old & you've not declared it if you don't declare.
The 5 years is due to the RoOA obligations rather than DVLA record management.
The conviction needs to be declared for 5yrs from the date of offence. After which is has expired under the rehabilitation of offenders act so it doesn't need to be declared.
Apparently some brokers will let you off declaring any convictions if you let them actually bum you - try asking, it may save you a few quid.
Apparently some brokers will let you off declaring any convictions if you let them actually bum you - try asking, it may save you a few quid.
desolate said:
The conviction needs to be declared for 5yrs from the date of offence. After which is has expired under the rehabilitation of offenders act so it doesn't need to be declared.
Each element of the punishment for speeding has its own period of rehabilitation.Fine -1 year
Penalty points - 3 years
Licence endorsement - 5 years
Where more than one sentence or penalty is imposed then the conviction may only become spent once the longest rehabilitation period which applies has ended.
Road traffic legislation specifically provides for a FPN in these circumstances to be treated as a conviction and dealt with as such under the 1974 Act.
Note that if the offender is under 18 when convicted the endorsement rehabilitation period is halved to 2.5 years. So the penalty points period of 3 years becomes the spent threshold.
Red Devil said:
Each element of the punishment for speeding has its own period of rehabilitation.
Fine -1 year
Penalty points - 3 years
Licence endorsement - 5 years
Where more than one sentence or penalty is imposed then the conviction may only become spent once the longest rehabilitation period which applies has ended.
Road traffic legislation specifically provides for a FPN in these circumstances to be treated as a conviction and dealt with as such under the 1974 Act.
Note that if the offender is under 18 when convicted the endorsement rehabilitation period is halved to 2.5 years. So the penalty points period of 3 years becomes the spent threshold.
So it has to be declared for 5 years then?Fine -1 year
Penalty points - 3 years
Licence endorsement - 5 years
Where more than one sentence or penalty is imposed then the conviction may only become spent once the longest rehabilitation period which applies has ended.
Road traffic legislation specifically provides for a FPN in these circumstances to be treated as a conviction and dealt with as such under the 1974 Act.
Note that if the offender is under 18 when convicted the endorsement rehabilitation period is halved to 2.5 years. So the penalty points period of 3 years becomes the spent threshold.
desolate said:
So it has to be declared for 5 years then?
If you're an adult, yes.Because a conviction for exceeding the speed limit attracts all 3 of the above penalties.
I don't recall ever seeing a caveat on application forms re a very young new driver (under 18) though.*
The 5 years question appears to be universal.
That is despite the amendments to the RoOA which took effect on 10th March 2014.
http://hub.unlock.org.uk/knowledgebase/roa-long-li...
* Given a spent conviction doesn't have to be declared, any lack of one creates an interesting dichotomy.
I don't know if the point has ever come up before the Financial Ombudsman.
Red Devil said:
If you're an adult, yes.
Because a conviction for exceeding the speed limit attracts all 3 of the above penalties.
I don't recall ever seeing a caveat on application forms re a very young new driver (under 18) though.*
The 5 years question appears to be universal.
That is despite the amendments to the RoOA which took effect on 10th March 2014.
http://hub.unlock.org.uk/knowledgebase/roa-long-li...
* Given a spent conviction doesn't have to be declared, any lack of one creates an interesting dichotomy.
I don't know if the point has ever come up before the Financial Ombudsman.
RoOA trumps the desire of the insurer to know.Because a conviction for exceeding the speed limit attracts all 3 of the above penalties.
I don't recall ever seeing a caveat on application forms re a very young new driver (under 18) though.*
The 5 years question appears to be universal.
That is despite the amendments to the RoOA which took effect on 10th March 2014.
http://hub.unlock.org.uk/knowledgebase/roa-long-li...
* Given a spent conviction doesn't have to be declared, any lack of one creates an interesting dichotomy.
I don't know if the point has ever come up before the Financial Ombudsman.
Red Devil said:
If you're an adult, yes.
Because a conviction for exceeding the speed limit attracts all 3 of the above penalties.
I don't recall ever seeing a caveat on application forms re a very young new driver (under 18) though.*
The 5 years question appears to be universal.
That is despite the amendments to the RoOA which took effect on 10th March 2014.
http://hub.unlock.org.uk/knowledgebase/roa-long-li...
* Given a spent conviction doesn't have to be declared, any lack of one creates an interesting dichotomy.
I don't know if the point has ever come up before the Financial Ombudsman.
There will be no caveat and the ROOA does not really apply as FP criminal motoring offences do not form part of a criminal record, so the insurers can pretty much make it up as they go along and as stated above 5 years is what they settled on, 30+ years ago it was only 3, however points / endorsements awarded by a court do come under the ROOA, you could'nt make it up!Because a conviction for exceeding the speed limit attracts all 3 of the above penalties.
I don't recall ever seeing a caveat on application forms re a very young new driver (under 18) though.*
The 5 years question appears to be universal.
That is despite the amendments to the RoOA which took effect on 10th March 2014.
http://hub.unlock.org.uk/knowledgebase/roa-long-li...
* Given a spent conviction doesn't have to be declared, any lack of one creates an interesting dichotomy.
I don't know if the point has ever come up before the Financial Ombudsman.
What they can't do anymore is ask if you have ever been convicted of a criminal offence other than a motoring one, well they can, but you only need to declare anything that is unspent. I have a relation that up until recently was declaring a petrol theft conviction from more than 25 years ago
Edited by martinbiz on Wednesday 4th April 16:23
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